Resale Transaction definition
Examples of Resale Transaction in a sentence
Such order will indicate the pricing terms of the Resale Transaction and any other information that Defendify may reasonably request.
During the Term, within 7 calendar days after it records a Resale Transaction in the Portal, Partner will send to their assigned Defendify representative by Customer Activation Form via the portal an order relating to that Resale Transaction.
At any time after Partner records a Resale Transaction in the Portal, Defendify may send Partner an invoice for the Commission specified in Schedule 1.
For no consideration in addition to the Purchase Price, the Company and the Purchaser shall amend the existing warrants held by the Purchaser (including those purchased by the Purchaser in the Resale Transaction) on the terms set forth under “New Warrant Terms” on Exhibit I, attached hereto.
Notwithstanding the foregoing, prior to the Resale Transaction, the Investor Stockholders may not assign or transfer their rights under Section 4.3 (other than the right to receive payments or proceeds thereof) to any Person (other than an Affiliate of the Investor Stockholders) without the prior written consent of the Company.
The value of any other consideration received by Palladium Payees that is included in the calculation of Total Consideration that is not either cash, implied in such Resale Transaction, or calculated based upon the Net Present Value calculations set forth in the definition of Total Consideration shall be determined by an independent nationally recognized accounting firm to be jointly selected by the audit partner representing Acquisition Company and the audit partner representing the Company.
In addition, TMA may (and the Counterparties acknowledge and agree that TMA may) at any time authorize any Counterparty to sell or otherwise transfer all or any part of its Collateral on such terms as TMA and the Counterparty may agree (including, if applicable, agreement on the application to be made of the sale proceeds) (each, a “Resale Transaction”); provided, however, that during the Override Period TMA shall not authorize any Counterparty to effect a Significant Resale Transaction.
In the event that the Total Consideration in connection with any Resale Transaction includes the possibility of Earn-Out Payments, promptly following any determination as to whether or not an Earn-Out Payment has been earned or accrued (each, an "Earn-Out Determination") the Investor Stockholders shall provide the Company with notice of such Earn-Out Determination.
At any time after Partner records a Resale Transaction in the Portal, Defendify may send Partner an invoice for the Commission specified in Exhibit 1.
VAR is obligated to pay to Dynatrace the Gross Revenue from each Resale Transaction, minus the VAR Margin.